Background

This transmittal amends section I-1-1-30 of the Hearings, Appeals and Litigation Law manual to clarify when a representative may withdraw from representing a claimant without violating the representative rules of conduct and standards of responsibility. This update reflects regulatory changes to 20 CFR 404.1740 and 416.1540 regarding a representative's affirmative duties.

Explanation of Content and Changes

I-1-1-30 – In subsection A, we updated the language for clarity. In subsection B, we removed the outdated information on representative withdrawal and changed the title of the subsection. We created a new subsection C, titled “Representative Withdraws Representation,” and explained the time and manner in which a representative may withdraw from representing a claimant without violating the representative rules of conduct under the revised regulatory provisions. We clarified the documentation and notification procedures for the revocation or withdrawal in subsections B and C. We moved the information previously located in the Note in subsection B to a new subsection D, titled “Disclosures when a Representative's Appointment has Ended” and added policy reference for disclosure of claims information after representative's appointment ends. We moved the information from the prior subsection C to subsection E. We also made minor editorial changes throughout this provision.

Date: April 12, 2019